Pesky calls: ICICI faces HC music

Judge Refuses To Stay Contempt Charge, Says He Gets Calls Throughout Day

A furious Delhi High Court (HC) on Wednesday blasted ICICI Bank for making unsolicited calls despite a court ordered ban and said it should now ‘‘face the music’’ in contempt proceedings going on before State Consumer Commission.

Refusing to stay the proceedings, as sought by the bank in its petition, a division bench comprising Justice Vikramjeet Sen and Justice S L Bhayana trashed the banks’ claims that it was obeying courts directive. ‘‘You think you are above the law? Everyday we receive calls at all times of the day from ICICI for loans, credit cards...now you face the music,’’ the HC bench exclaimed when the counsel for the bank argued that the complainant in the case, advocate Nivedita Sharma, had no evidence to back up her claims of the bank still making pesky calls to customers.

The HC was hearing an application filed by the bank seeking the HC’s intervention and a stay on the contempt petition filed by Sharma before the State Commission, in which she complained that she had been receiving calls from the bank despite a direction from the commission to stop harassing consumers and even after TRAI (telecom regulator) created a ‘Do Not Call Registry’ where consumers can register themselves to avoid receiving calls. In her contempt plea, the lawyer complained that despite all these measures, the bank still made unsolicited calls to her and other customers.

On her complaint, the commission in December 2006 had imposed an exemplary cost of Rs 50 lakh on service provider Airtel and Cellular Operators Of India for their failure to control the pesky calls made by the telemarketers and banks.

The Commission had also imposed Rs 25 lakh penalty, to be jointly paid by the ICICI Bank and American Express Bank, for making repeated calls to the mobile users. This order was subsequently modified by HC, which lessened the fine amount but asked the companies to abide by commission orders and TRAI guidelines.

On Wednesday HC refused to expunge any remarks made by the commission in its verdict, as sought by the petitioners. In its order, the State Commission had agreed with Sharma’s characterisation of the bank, service provider and TRAI as the ‘‘unholy trinity’’ responsible for flooding a customer with pesky calls.

Speaking to TOI, Sharma maintained that she stood by her allegations and would pursue the contempt proceedings against the bank to its logical conclusion before the commission.

Source:- The Times of India 23 Oct. 08 P. 5 New Delhi

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